Protective orders, also known as restraining orders, may grant a large amount of power to an individual residing in the United States of America. The point of this legal mechanism is to set limits on the communication, contact, or interaction between two people as a result of certain circumstances. This extends to electronic and non-electronic communication and can even restrict the amount of distance that can be closed between two parties.
While the ins and outs of a protective order can send one into a head spin, the Law Office of David A. Breston has the experience and understanding of criminal law in order to help those in need of legal counsel. Contact our firm today to learn more about defending against the violation of a protective order in the state of Texas.
The Groundwork of a Protective Order
The filing of a protective order usually happens in court. This can be temporary or permanent, and the period of time for a temporary order can last anywhere from two weeks to two years. These are usually sought out after cases of violence such as domestic violence, sexual assault or abuse, trafficking, and the most widely associated crime with protective disorders – stalking.
These types of documents carry a large amount of power in the eyes of the law. It can explicitly prohibit people from engaging in day-to-day activities with other individuals. Violating one of these terms can lead to swift and comprehensive legal action against the violator. In many cases, it is believed by the prosecution that the violation of a protective order is easy to prove. However, this is oftentimes not the case.
Some potentially prohibited activities under a protective disorder include:
- Communication with a protective individual in a threatening or harassing way, or in any other way that violates the terms of the protective order
- Direct causation of harm or violence to the protected individual or those close to them, including household animals
- Possession of a firearm
- The tampering with a GPS monitoring system assigned by the court
The Consequences of the Violation of a Protective Order
Violating a protective order may carry serious consequences for an individual. As of now, the violation of a protective order in the state of Texas carries a class A misdemeanor. This can land someone a bill for up to $4,000 and up to one year in county jail. Should the violation of the order be done through assault or stalking or the defendant having been previously convicted two or more times of a similar offense, this charge may be upgraded to a third-degree felony. Should this be the case, they may be facing 2 to 10 years in prison and up to $10,000 in fines.
What the Prosecution Does Not Want You to Know
Although the prosecution may want the defendant to believe that they have little to no options and must submit to their charges, many are wrongly accused of violating a protective order. The Law Office of David A. Breston sees this time and time again, defending those charged such as these on a regular basis. Should you be served with a restraining order or be charged with the violation of a protective order, you should reach out to a Houston criminal defense attorney as soon as possible to learn about your options moving forward. To reach our office, you may call us for a free, confidential consultation at (713) 713-224-4040 or by clicking on this link.